Al Halmandy v. Bush
Al Halmandy v. Bush (Civil Action No. 05-CV-2385) is a writ of habeas corpus filed on behalf of 63 Guantanamo detainees, on December 13, 2005. mirror The writ was filed shortly before the passage of the Detainee Treatment Act of 2005, which contained provisions to close off captives ability to initiate new habeas petitions. Seizure of privileged lawyer-client documents On June 10, 2006 the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys—so they seized all the captives' documents, including the captives' copies of their habeas documents. mirror Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures. When the Department of Defense reported to the Justice Department the names of the captives whose privileged documents they seized, they were unable to name half of the captives in this petition. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. On July 18, 2008 Shayana D. Kadidal of the Center for Constitutional Rights filed a status report on Al Halmandy v. Bush No. 05-CV-2385 (RMU) on behalf of seven Guantanamo captives mirror Kadidal wrote that of the 63 captives initially listed in the petition, all but those seven had either been repatriated, or were named in other petitions. On July 29, 2008 US District Court Judge Thomas F. Hogan ordered that all the other petitioners would be dismissed from the petition, except for mirror : : |- | 743 || Muhammed Saad Iqbal Madni || * Madni had a duplicate petition in Civil Action No. 06-CV-1674 (RMC), filed September 29, 2006 under the name Qari Saad Iqbal, which he withdrew voluntarily on February 12, 2007. Judge Collyer dismissed that case without prejudice on February 12, 2007. * Pursuant to the Detainee Treatment Act (DTA), petitioner Madni filed a Petition for Review of Combat Status Review Tribunal Determination with the U.S. Court of Appeals for the District of Columbia Circuit on April 3, 2007, No. 07-1083. There is a protective order in place in that case. Madni’s DTA petition is still pending before the Court of Appeals. * A Joint Status Report, filed on 8 December 2008, states: : |- | 900 || Saki Bacha || * Now known as Mohammed Jawad. * Faces charges before a Guantanamo military commission: : * As of December 2008 no factual return has been filed. |- | 1045 || Mohammed Kameen || * Faces charges before a Guantanamo military commission: : * As of December 2008 no factual return has been filed. |} Known original petitioners dismissed from the petition : Muhammed Saad Iqbal Madni On September 2, 2008 Muhammed Saad Iqbal Madni's lawyers were informed he had been repatriated to Pakistani custody. mirror On September 5, 2008 the Department of Justice filed a motion to have his habeas petition dismissed as moot because he was no longer in US custody. On September 19, 2008 Richard L. Cys, James P. Walsh filed "Petitioner Muhammed Saad Iqbal Madni's response to court order to show cause why his petition should not be dismissed as moot". Madni's lawyers argued his habeas petition should not be dismissed because he was entitled to continue to seek relief if his original detention was not legally justified. Further, his lawyer had not been advised of the conditions agreed upon by the US Government and the Pakistani Government. References Category:Guantanamo captives' habeas corpus petitions